Several victims described a "domino
effect" of the juvenile's action upon their families and friends.
Some of the judges equated victim involvement with the disruptive
presence of victims in court proceedings.
Focus Group comments
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The findings of the project were interesting.
The opinions and insights of the victims in all four focus groups
were nearly unanimous. Conversely, the perspectives of the judges
in all four states varied as much as the victims' responses were similar.
Victims' Observations
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Virtually all victim
participants found the juvenile court and justice system experience
predominately negative. Victim participants were also nearly unanimous
in their dissatisfaction with the court process.
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Victims felt there was often a lack
of respect for their dignity as human beings.
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Most victims felt they had received
little acknowledgment as victims.
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All victim participants felt that
crime victims should be considered and treated as "clients" of the
juvenile court.
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Many victims reported that juvenile
court professionals lacked understanding about the victimization
experience and demonstrated a generally insensitive attitude.
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Most victims reported they lacked
general understanding of the court process and had received little
information about their own cases.
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Most victims were less interested
in punishment for its own sake than in seeing that juvenile justice
professionals followed through with their commitment to hold offenders
accountable, especially for restitution.
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A number of victims expressed strong
interest in offender rehabilitation; several became personally involved
in offender treatment programs.
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Victims agreed unanimously that information
about their cases was very important to them but typically inadequate.
Equally critical to victims was an opportunity to be heard and to
have input into the offender's disposition.
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Victims were very open to the use
of restorative justice practices as long as participation remained
voluntary. A few victims had participated in mediation and other
processes. The victims generally believed that more restorative
alternatives to traditional court processes are needed. |
Judges' Observations
In restorative justice, the crime victim, the community, and the
offender are all viewed as critical stakeholders in the response to
crime. As presented here and discussed in restorative justice literature
(Dooley, M., 1995; Bazemore, G., and C. Washington, 1995), the crime
victim is referred to as the "client," which is defined in two parts.
In restorative justice, when an agency views an individual crime
victim as a legitimate recipient of the agency's services, the agency
refers to that individual as a "client." Prior to the introduction
of restorative justice ideas and principles, the concept of victim
as client was not a part of the traditional ideology and mission of
juvenile courts. In earlier times, crime victims and judges considered
several questions to determine the status of the victim, such as "Is
the victim indeed a client?" and "If so, what does this mean in terms
of expectations for the court?"
The second part of the definition of client comes from the literature
of total quality management and reinventing government (Osborne, D.,
and T. Gaebler, 1992), which defines a client as an active customer
expected to be involved in the decisionmaking processes of an agency
(Pennsylvania Juvenile Court Judges Commission, 1997). In this sense,
judges and victims were asked a number of questions about the role
of victims as participants in various parts of the court process.
In the focus group findings of this project, the general consensus
among the participating judges was that a victim is indeed a client
of the juvenile justice system and has some role in juvenile
court. All the judges were more comfortable with the notion of the
victim as a client of the whole system rather than of only
the court in the narrow sense of the term. The distinction between
the system and the court is a very important one because
the court, varying by jurisdiction, may include numerous agencies
and staff, including the judge, clerical support staff, probation
and parole staff, victim services staff, and a range of special programs
and staff.
The variations in the judges' views of victims as "clients" focused
on several themes, including the following:
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The status of the victims
relative to the offenders, families, and others.
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The differences between property and
violent crime victims.
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The point in the process at which
a victim becomes a client.
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The apparent motivation of victims
to participate.
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Limits on what kind of information
should be available to victims.
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Judges' perceptions regarding the
value of alternative, informal dispositional options designed to
actively include victims in decisionmaking.
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Judges' perceptions regarding the
challenges to judicial impartiality presented by victim involvement
in the court process.
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Judges' expressed feelings of helplessness
in responding to victims' needs, due largely to lack of coordination
among the court, the prosecutor's office, and probation services.
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Judges' near unanimous report of low
rates of victim participation in the court process. Judges were
divided on whether the lack of victim involvement in the process
is due to the victims' lack of motivation or the unfriendliness
of the court.
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A few judges felt that victims are
often emotionally incapable of rationally participating in the court
process. Many judges felt that victims are often inadequately prepared
for their juvenile court experience. Some judges viewed court process
and management, rather than victim attitude and behavior, as the
primary cause of victim dissatisfaction.
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Judges were nearly unanimous in their
agreement about the importance of victim access to reliable information
about their cases. Judges generally wanted to increase the openness
of the court process. However, in one state, judges were strongly
opposed to victims receiving information about the offender's background.
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Judges generally agreed that improvements
are needed in processes involving victim notification, victim participation,
victim impact statements, and restitution to victims.
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While nearly unanimous in their support
for improving restitution and restorative community service, judges
indicated more mixed support for restorative processes, such as
victim-offender mediation, circle sentencing, and other forms of
restorative conferencing that seek to give victims and other citizens
an empowered role in dispositional and diversion decisions. |